Why Is Employee Holiday Reduced To "Paper Welfare"?
Recently, through the relevant resolutions, Anhui has implemented the "dysmenorrheal leave" since March 1st, and the female workers can leave for one to two days by the certificate issued by the medical institution.
If the employer violates the regulations, the female workers may report in accordance with the law.
However, judging from the implementation of Shanxi, Hubei and other places, the effect of "aunt leave" is not optimistic.
Due to the lack of coercive measures, increasing labor costs and encountering difficulties in implementation, the "beautiful holiday" such as "dysmenorrhea" and "family leave" are known as "zombie holidays".
For a while, the topic of how to implement the holiday system and better protect workers' right to rest and vacation has become a public concern.
According to the relevant provisions of the labor law, the current
Vacation system
These include: public holidays, statutory holidays, family visit leave, annual leave and vacation due to occupational characteristics or other special needs, such as maternity leave, marriage leave, work-related injury leave, etc.
Under the current system, all vacations are paid on a daily basis.
According to statistics, the average annual rest days of our employees are 125 days (statutory holidays 11 days, weekly rest days 104 days, and workers' paid annual leave averages 10 days), which have exceeded 1/3 of the whole year, reaching the level of moderately developed countries.
According to a previous survey conducted by people's daily, the number of days of statutory holidays in China is close to the world average, but the number of days of paid annual leave is quite different from that of the world average.
To this end, relevant departments in recent years continue to improve paid leave regulations.
The outline of the National Tourism and leisure program of the State Council put forward the goal of nationals paid leave before 2020.
Li Jin, director of the National Tourism Administration, said at the "National Tourism Conference 2016" that in 2016, employees will be promoted to improve their vacation security measures for private non enterprise units and self-employed industrial and commercial units. The supervision and inspection of the implementation of paid annual leave should be strengthened; and local enterprises and institutions should be promoted to ensure that employees can take peak vacation and flexible rest to explore the "2.5 Day vacation mode" in the summer under the premise of ensuring 40 hours per week of legal work and no influence on citizens' work.
Some experts said that in the current labor market, where the supply exceeds demand, the new urban labor force remained at a high level. A large number of surplus labor force in the rural areas needed to pfer employment. The pressure of university graduates' employment continued to increase.
At the same time, quite a few operators and workers are right.
rest
The right to leave is not well understood, and society has not yet formed the concept of entitlement to paid vacation.
People in charge of the human resources department of an electronics manufacturing enterprise in Chengdu told reporters that the income level and the salary system often lead to many workers facing the holidays and "want to rest."
Some employers hope to reduce costs by reducing staff vacation time, especially some performance decisions.
Income level
The basic wage of employees in the enterprises is relatively low. Holidays will undoubtedly affect performance and income, and workers can only give up their vacation.
In fact, the rights of workers and migrant workers in a large number of private enterprises have not been effectively protected.
Shao Qiwei, the former director of the National Tourism Administration, believes that the lack of laws and regulations and supervision measures, the difficulty of offering evidence and the high cost of safeguarding rights are also important reasons for the implementation of the holiday system.
Take the annual leave with pay as an example, the regulations on paid annual leave for employees have been entrusted with the responsibilities of personnel and labor security departments at county level or above to safeguard the right of workers to take paid leave.
However, the regulations and other regulations do not clearly stipulate the standard of compensation, the burden of proof and the way of appealing, resulting in no uniform treatment standard for such illegal cases by the government departments.
Secondly, the supervisory responsibility for the implementation of the paid holiday system is in the labor and personnel department at the county level or above.
Due to the limited conditions, it is difficult for the labor and personnel departments to comprehensively inspect the implementation of paid vacation with their departments, enterprises and institutions.
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